Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-01-07
APPLICATION FOR PATENT.

OF the claim.
Where the claim was not located in accord.
ance with law.
Where several parties own separate and dis
ttnct portions Of . claim. application for
patent may be made by either for to ct portion
Of the claim owned by him; but where several
own undivided interests In . mining
claim all should Join In an application for q
patent.
A person or association may purchase %
placer locations ss the local Law admits,
and embrace them all In one application for Q
patent.
one application for q patent except for placer
claims embracing two or more loaes within
their boundaries
Papers sworn to before any person p~urport-
Ing to act as . deputy for the Register and Re-
ceiver cannot be recorded ~ evidence.
In all patents for mining claims situated
within the interior boundaries of . town site
o clause IL Ina erted excepting and excluding
all town property, rights upon the surface,
and all houses. buildings, struetures. lots,
blocks, streets, alleys or other municipal I'm
provements not belonging to the grantee here
In, and all rights necessary or proper to the
occupation, possession and enjoyment OF the
publication Of notice must be made u only
one newspaper for the period Of SO days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
.rewspapers 60 days must sispse between the
hr.t and last insertions.
Where the Register designstes the daily issue
OF o newspaper for publication Of notices of .
mining application for patent II IL not o com.
pliance with law to change to the weekly sdi-
ZION OF the same paper without authority Of
the Register.
The existence Of q salt spring on . tract Of
land withdrsws IL from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character Of such land 10 not allowed Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale q separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse elsimsnt.
The papers In an adverse claim, once nied
cannot be Withdrawn. but become co . part of the
record.
When an adverse claim has been fled Il can.
not be amended so as TO embrace g larger per.
ton OF the PREMISES than that described In the
original adverse claim.
An adverse claim must be made ont in
proper form and filed in the proper local Office
during the period Of publication OF the appli-
cation for the patent to be effective.
1t ia the duty OF the adverse claimant O
commence suit in proper form within the re-
quired time, and II he trusts the uncertsin
medium Of the United States mail he mast
abide the consequences. should the delay
CA5uOt tuIOukh uit A10 VT hCtAu0uts 60OuIU
the failure to commence suit be the resnlt of
the corfupt or dishonest action Of his attsrney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody-
ing conclusions of law, without stating the
facts specially. Will not be considered la evi.
dence.
An adverse claimant should show q compii.
Anra with thA local lazy. I'm reanrdinU l.a ~ utru
and In regard to expenditures. aud shall nile a
copy Of the original notice Of his location, and
show the nature OF extent Of the conflict
An allegation Of parties to q suit that they
the company IL sufacient. and they
are not required to prove that they are the
original ~locstors OF the Identical parties who
present the adverse claim.
A~aRIcuLruRAL oR MINERAL LANps.
Where land is Of little. II any value. for sgrl.
purposes, but 10 essential 10 tho
development Of mining claims, 81
ahould be dtsp0scd OF under the Mining Act.
Where sAs containing valuable Mineral
| 70 bsen included In al agricultural
saiG entry will be cancelled a. any time |
prior ~ issuance of patent. upon sstisfscsory
Of the existence Of such vslasbIe de-
posits.
Where valuable deposits Of mineral are dis
upon . tract sitter the Same tas been
~ 0ut 0CkOxC L AfQH uUH
been issued. the parties claiming the mine
may make application for patent for same
the agricultural entry will be cancelled 10
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an agricultural claimant, thoy pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
A foreigner may make Q mining location
dispose OF 1t. provided he becomes a citizen
before disposing OF the mine. Proof that the
party was not q citizen before cisposing Of his
claim must be afiirmatively shown.
Locators and intermediAte owners. other
than applicants. will not be presumed aliens,
In the absence OF allegation or objection prior
to issuance Of patent.
The portion Of q mining claim sold 10 IN
alien cannot be patented while snch owner IL
an alien; but on his declarations o become .
citizen his right dates back to his purchase,
sud he may ~thereupon secure United States
patent for HIS claim.
CROSS LRDaxs.
Revised Statutes. Section z. $50:
where twoo or more lodges cross or intersect
each other, priority OF title shall govern, and
sucn prior location shall be entitled TO all ore
or IMMORAL oontsined within the space OF inter.
section. but the subsequent location shall have
the right OF way through the space Of inter-
section Tor the purpose Of the convenient
working OF the mine. And where two or more
veins unite the oldest or prior location shall
take the vein below the point Of union. In.
Guiding all the space Of Intersection.
TUNNELS.
There 10 no authority Of law for . tunnel
location 5000 by l. 800 feet. A proper location
10 the width Of the tunnel for 5000 feet.
There 10 no provision Of law for patenting
tunnel locations, but lodes discovered In rum
ning 3 tunnel may be patented in hks manner
Tho right is granted to tunnel owners TO
800 feet OF each blind lode. not previously
their tunnel.
When q lode IL struck or discovered for the
hrst time in running Q tunnel the tunnel
owners have the option of recording their
claim OF i 800 feet all on one side Of the point
Of discovery or intersection. or partly ON one
side thereof and partly on the other.
Prospecting for blind iodes 10 prohibited
HE line OF a located tunnel while the tunnel
ls In progress, but other psrties are In no way
from prospecting for blind iodas or
running tunnels. no long - they keep wtthcut
The line Of such tunnsl. pl6tS